TOPEKA, KS (April 16, 2013) – Today, Kansas Governor Sam Brownback signed into law Senate Bill 102 (SB102), formerly HB2199 – the 2nd Amendment Protection Act. In the wake of increased federal interest in restricting the right to keep and bear arms, the new Kansas law is the most comprehensive nullification of such acts thus far.

The new law nullifies a wide range of federal attacks on the right to keep and bear arms in the State of Kansas. It states, in part:

Any act, law, treaty, order, rule or regulation of the government of the United States which violates the second amendment to the constitution of the United States is null, void and unenforceable in the state of Kansas

In conjunction with Section 6a (quoted above), the bill defines what is meant by “the second amendment to the constitution of the United States,” and that it isn’t based off a decision of the supreme court.

The second amendment to the constitution of the United States reserves to the people, individually, the right to keep and bear arms as that right was understood at the time that Kansas was admitted to statehood in 1861, and the guaranty of that right is a matter of contract between the state and people of Kansas and the United States as of the time that the compact with the United States was agreed upon and adopted by Kansas in 1859 and the United States in 1861.

State and local agents would be prevented from enforcing any acts or actions that are “null, void and unenforceable in the state of Kansas.” Based off this text, the state of Kansas would not be allowed to participate in any federal gun control measures that restrict the individual right to keep and bear arms as understood in 1861.

As Judge Andrew Napolitano has said recently, such widespread noncompliance can make federal gun control laws “nearly impossible to enforce” (video here) This mass noncompliance with an unconstitutional federal act is both constitutionally sound, and very effective. Read more about it here. A future legislative session could also address how to further prevent federal enforcement should these steps prove to not be effective enough.

A JOBS BILL TOO

Supporters of the legislation also see the legislation as a jobs bill in that is specifically includes language from Firearms Freedom Acts that have been passed in various states since 2009.

A personal firearm, a firearm accessory or ammunition that manufactured commercially or privately and owned in Kansas and that remains within the borders of Kansas is not subject to any federal law, treaty, federal regulation, or federal executive action, including any federal firearm or ammunition registration program, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce.

Such protection for the manufacture of firearms, accessories and ammunition could be an incentive for well-known manufacturers in New York or Maryland, for example, that are feeling the pressure of gun control advocates in those state legislatures. Encouraging businesses to relocate to Kansas is what some supporters says is “just what’s needed in a time of economic difficulty.”

The legislation takes this “jobs promotion” part of the potential law seriously. It would protect manufacturers who move to Kansas by providing for criminal charges on federal agents who attempt to violate the state law.

It is unlawful for any official, agent or employee of the government of the United States, or employee of a corporation providing services to the government of the United States to enforce or attempt to enforce any act, law, treaty, order, rule or regulation of the government of the United States upon a firearm, a firearm accessory, or ammunition that is manufactured commercially or privately and owned in the state of Kansas and that remains within the borders of Kansas. Violation of this section is a severity level 10 nonperson felony

Any criminal prosecution for a violation of this section shall be commenced by service of complaint and summons upon such official, agent or employee. Such official, agent or employee shall not be arrested or otherwise detained prior to, or during the pendency of, any trial for a violation of this section.

Once a federal agent violates this law, they will be served with a complaint and summons, whereby criminal proceedings can begin. Such language, being signed by such a national figure as Brownback, could be a green-light for others to do the same in states around the country.

The new law “shall take effect and be in force from and after its publication in the Kansas register.”

LEGISLATION AND TRACKING

Follow the lead that Kansas has set and work to get similar legislation passed in your own area to protect the right to keep and bear arms by nullifying federal gun control. Model legislation for states and local governments here:http://tenthamendmentcenter.com/2ndamendmentpreservation

Sharon L Kubrak – Yeah, I kinda figured that! You guys have it as bad as we Marylanders do! I feel bad for all my family up that way! It’s a damned shame Christie hasn’t grown ‘a set’! I wonder what’ll happen this fall?

NJ won’t be in the 48 left to go… We have a very strict set of gun control laws. Don’t get me wrong Christi has done alot of good here in NJ, but he lacks the BALLS needed to stand up to Obama…CHRISTI HAS TURNED INTO A RINO AND AN OBAMA LAP DOG SUCK UP! I voted for him once, I won’t make the same mistake an 2nd time.

Dan Bidondi is at the FBI press conference! The FBI is about to release photos of the Boston bombing suspects. What are the odds none of them will show the private security guys with black backpacks as documented at Infowars.com over the last two days?

They can write and pass all the laws they want saying they want our guns!
But WANTING and TAKING are two different things. People in HELL want ice water too but they are as likely to get ice water as the Dems are to get our guns!
(Just my opinion)

THE ACTION OF GOVERNOR SAM BROWNBACK IS GREAT. FEW MEN STAND FOR THE CONSTITUTION, AND THE GOVERNOR UNDERSTANDS THE STATE RESPONSIBILITY FOR HIS ACTION. NULLIFICATION IS THE LAST REMEDY FOR FEDERAL OVERREACH……GOD BLESS GOVERNOR BROWNBACK FOR HIS ACTION. Respectfully, Ralph Bodie, Liberty, Nebraska

@Ralph Bodie Wow AWESOME! This is the best news I’ve heard in a long time. Kansas leads the way in defending citizens’ rights under the Constitution, especially 2nd Amendment rights!! Good job, Kansas.

COUNTRYGUARD responded to my post re KS Gov Brownback signing of bill to nullify federal gun controls. In essense (he?) highlighted the dangers inherent in “federal” money “given” to the states – and referenced Constitutional mandates for federal limitations. Quite correct. Will it happen? I thought of a metaphoric question: “Does a whore WORK for money”???? Why does he/she choose to whore in the first place?
I came across a bit of history a while back that all with the least interest in the matter of “federal” (OUR) money being “given” (back) to the source should read. I recall that I found the item while searching otherwise for Davy Crockett, frontiersman and early legislator from Tennessee. I searched Davy Crockett legislation – or something close to that language. The story has to do with a friendship and “upbringing” by a Tennessee farmer who reminded Crockett of the wrongs by government in “giving” the citizens money to others. It’s a great read. I intend to paste it across to my legislators. I’ve been in touch with them frequently of late and must say that I have been surprised at how much they DON’T KNOW – particularly of history.

@David: you can go to hell, and I will stay in Texas. You think its military might that has saved us from a military invasion all these years? If so, you are the most foolish kind of man. Any half educated person with at least an 8th grade education can surmise that a well armed military is one thing, but a well armed and trained populace is a different beast entirely. Do you really think people need firearms to lull ourselves into a false sense of security?People of your ilk would be the first to pacify a foreign invader. The people who will fight are the people you downplay and degrade with your disrespectful rhetoric. I would eliminate you among the first in a time of war. Obviously, you cannot be trusted.

Stopping a right and infringing a right are two separate things…anytime the words firearm…arm..gun…get put in a bill …its an attempt to infringe it. The original intent was to keep violent people…proven to have used guns in crimes from having guns..now we are talking precrime. And that is the type of govt abuse the second amendment is designed to keep from happening.

doing background checks or limiting how many clips and how large does not change the 2nd amendment. none of these things stops a person from owning guns. also I have a criminal record, does that mean that in Kansas, I could own a firearm because that is definitely changing the 2nd amendment?

18USC provides penalties and charges for ANY agent of ANY government body who violates anyone’s private property rights. It includes up to $5,000.00 per person per day per incident and up to 5 years imprisonment, or both, for trespassing and any other violation they commit upon your private property or person after trespassing. It would be advisable for everyone to know what the Federal Code of Regulations say. (the United States Code). Although a regulation by itself is not law, a statute alone is not law, and NO Executive Order is Law under any circumstance, a statute must have an implementing regulation of Congress to become Law. Many Federal Codes are not law because they violate the States’ Rights portion of the Constitution, and therefore are null and void due to being repugnant to the Constitution on their face. Know the LAW! Because THEY do, and they won’t TELL YOU!

Brownback is a moron. Any of you who are applauding this action are morons too. Way to many red-neck fools in this country who need a gun to feel like a man. Try doing something positive for once in your lives, you might find that you enjoy it.

According to the linked article, violation of this law is considered a level 10 non-person felony. It’s not the public flogging that might be deserved, but it does mean jail time and fines for Federal agents.

@RBB-Free If this happens, the States would have the Right, not to send any Excise Taxes or any other Federal Tax to the Federal Government…Correct??? Keep it all at home…

April 17, 2013 at 3:28 pm

countyguard

@PhilDedrick @RBB-Free There are some constitutional taxes to support the federal government, but it does NOT include “income” taxes. Quit Volunteering to self-assess. Lawful “Income” is NOT your wages, salary or compensation for service. never was and isn’t today. Research the topic yourself.

@RBB-Free Therein is our power and their jurisdiction separated. By the feds giving money (read “bribe”) to the states, this opens the jurisdiction door for them to gain more and more control. Every state needs to be self-sufficient, and NOT depend on fiat currency the feds simply print and hand around to control our politicians. Get the Federal Government OUT OF OUR STATES AND OUR LIVES! The law is on our side. We keep most of our own money except that which is constitutionally allowed to the federal government. We eliminate all unconstitutional military (everything but the Navy, and Army only in a time of declared war, or for a two year period). How much would that save us? Simply put… get back to the simplicity of the constitution and common law, defend both, and we win.

Smarty pants David, federal law can only trump state law if it is CONSTITUTIONAL! !! Maybe you should be the one to pack and leave sense you seem to think our constitutional rights should be taken away…that’s not how a true American thinks.

You know this nation is in trouble when States have to make laws saying it’s illegal to violate the US Constitution. That’s sort of the whole point of the Constitution to begin with. The moron Federal government doesn’t seem to understand it’s own laws.

@Admiral America The federal government has strained against the Constitution from the moment it came into force. The Alien and Sedition act under John Adams was a gross violation of the 1st Amendment and prompted Jefferson’s Kentucky Resolutions. Today, almost every thing the federal government does is unconstitutional.

@Admiral America The Constitution already states that it is illegal or un_Constitutional to make laws that violate that constitution. The States DO NOT need to make such BS laws; they already have the the Laws!

As response to response: I’ve spoken in person with a number of our municipal police about any eventuality they should be ordered to enforce illegal actions (gun confiscation in particular) against the citizenry. To a man they swear the WILL NOT! I thank them – BUT – also ask whether they have seriously considered their personal health should they break their promise? THEY ALL KNOW!

Well done, Gov. Brownback. Show the socialists in Washington D.C. that they can blather all they want, but when the time comes their violations of the Constitution will not be tolerated, let alone enforced.

He also signed a law for drug testing those who receive state assistance or unemployment. Just caught a bit of the story on the news tonight so I don’t know all the details, but a step in the right direction on both laws.

These are the ones to get passed on all the progressive laws.
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Model Legislation
The following are Tenth Amendment Center model bills and resolutions which are intended to reaffirm the proper role of government under the Constitution. Activists, we encourage you to send them to your state senators and representatives and ask them to introduce the legislation in your state.
Please don’t hesitate to Contact Us with questions or suggestions.
Liberty Preservation Act
This legislative package is a state-level response to constitutional violations by the National Defense Authorization Act of 2012 (NDAA) – primarily provisions that authorize indefinite detention.
Travel Freedom Act
A suite of three pieces of legislation to nullify, ban, restrict unconstitutional actions by the TSA – primarily focusing on invasive patdowns without probable cause and whole-body scanners.
Federal Health Care Nullification Act
An Act to render null and void certain unconstitutional laws enacted by the Congress of the United States, taking control over the health insurance industry and mandating that individuals purchase health insurance under threat of penalty.
2nd Amendment Preservation Act
To prevent federal infringement on the right to keep and bear arms; nullifying all federal acts in violation of the 2nd Amendment to the Constitution of the United States.
Constitutional Tender Act
The General Assembly finds and declares that sound, constitutionally based money is essential to the livelihood of the people of this state and to the stability and growth of the economy of this state and region and vitally affects the public interest. The General Assembly further finds that Article I, Section 10 of the United States Constitution provides that no state shall make any thing but gold and silver coin a tender in payment of debts.
Food Freedom Act
(coming soon)
Privacy Protection Act
Bans the use of UAVs (drones) by law enforcement without first obtaining a warrant.
Hemp Freedom Act
To authorize the production of industrial hemp; to amend (SUBSECTION AND CODE) of the (STATE) Code, relating to the definition of noxious weed seeds; and to nullify certain acts of the Federal Government of the United States purporting to be laws and regulations resulting in the prohibition of industrial hemp farming in the state of (STATE).
Defend the Guard
For the purpose of requiring the Governor to withhold or withdraw approval of the transfer of this State’s National Guard to federal control in the absence of an explicit authorization adopted by the Federal Government in pursuance of the powers delegated to the Federal Government in Article I, Section 8, Clause 15 of the U.S. Constitution.
Sheriff’s First Act
This law would make it a state crime for any federal agent to make an arrest, search, or seizure within the state without first getting the advanced, written permission of the elected county sheriff of the county in which the event is to take place.
10th Amendment Commission
Establish a “Federal Action Review Commission.” It shall be empowered to review the constitutionality of current or proposed federal legislation, regulations, practices, rules, decisions or other actions. And, if it finds such actions to be unconstitutional, to issue an edict, with the force of law, requiring that no state or local officials, employees, or contractors cooperate in the enforcement of such usurpation, and urging state citizens to also refuse to cooperate.
10th Amendment Resolution
WHEREAS, the people of the State of __________ are not united with the People of the other forty-nine states that comprise the United States of America on a principle of unlimited submission to their federal government
Intrastate Commerce Act
Provides that all goods manufactured or made in (STATE) and all services performed in (STATE), when such goods or services are held, maintained, or retained in (STATE), shall not be subject to the authority of the Congress of the United States under its constitutional power to regulate commerce.
Environmental Preservation Act
Any federal law, rule, order, or other act by the federal government violating the provisions of this act is hereby declared to be invalid in this state, is not recognized by and is specifically rejected by this state, and is considered as null and void and of no effect in this state.
Liberty Restoration Act
Nullify the Patriot Act – coming soon!
Uniform Enumerated Powers Act
A Bill to require the federal government to specify the source of authority under the United States Constitution for the enactment of laws, and for other purposes.

Hoorah Brownback! Sometimes the Jayhawks DO come through. Here in MO we’re hot on their heels with an even stronger version – providing that our suck-egg mule of a governor doesn’t vetoe it. You know, the governor who approved the collection and storage of personal, private information by his appointee hack at Department of Revenue – and who also gave the green light for the Superintendent of the Highway Patrol to send that data to the feds TWICE! I spoke to my district legislator today for some time. When I mentioned this crime against state AND federal law his first remark was: “That’s a red-HOT issue around here”! My response: “I know – I’ve sent timber for the fire”! The Gov, AG, head of DOR and the HP Super had better be looking for cover! Should the Gov veto MO’s gun control nullification act I should think an override just might be in the works.

Montana’s version of this bill, which was very WEAK by comparison, passed the senate and house and was given a prompt VETO by the liberal sonofabitch steve bullock who happens to be “playing governor ” at the moment.

@stormtrooper1991 Well, at least there was an EFFORT put forth there. In Assachusetts, the criminals are going full steam ahead to get very stringent gun control “laws” in place–on top of an already liberal wet-dream set-up. They’re all patting themselves on the back and congratulating themselves for their great efforts. I love this state but detest those who are unlawfully destroying it; and that includes so many of the Kalifornia transplants. How far they’ve left behind the original spirit of independence and stand-up behavior that once characterized this state.

It’s a real SHAME this had to happen! My permit to want, buy, own, possess, shoot, carry, secure, hand down, pass on, sell and give away.. IS the second Amendment as it is for everyone, even those who don’t want a gun. @PhilliDouglas @FreedomsPatriot @Mad_American76 @gunversation camandcompany

Kudos to Kansas! We need to remember, we are the UNITED STATES of America, not the Nation of America. We are 50 sovereign entities not provinces. Our predecessors who agreed to join the union, did so based on the Constitution. To now change that agreement, really nullifies Statehood itself. Washington needs a wake up on whose country this is: The Individual States’. Without us, Washington is nothing but a city…which may not be such a bad thing

Following the ‘Trash Can’ bombing of the Boston Marathon,
Lawmakers are promising to introduce new legislation that prohibits ‘High Capacity Public Access’ Garbage cans.
The new law will affect any Trash Can with a capacity of 7 gallons or more. This will also have an effect on owners of the popular 11-13 gallon cans popular in most kitchens, and obviously the 35 gallon outdoor barrels are clearly without any exception.
*Note: Store owners such as WalMart, Sears, HomeDepot and others will be required to provide a listing of related sales over the past 12 months to the Federal Government.
Additionally, individuals who are seeking to purchase ‘Athletic Trainers’ will be required to apply for a permit to purchase prior to starting any physical training regiments.
The individual will be required to provide their shoe size, the reason they feel they need exercise, and must file a per-determined route they plan to jog/run to ensure that it does not interfere with others who have already applied to be ‘Athletic Free Zones’.

I live in Indiana and they are pretty good on the 2nd amendment, at least better than many. Hope Indiana nullifies Federal Gun Laws. We have one Senator Dan Coats that said NO to universal background checks but Joe Donnelly (D) said yes. At 68 to 31 pro we are going to be up to each State.. If it goes to the Supreme Court I think they will Say it is up to Each State. They voted that we have a constitutional right to the 2nd amendment I think in 2008 or 2009.

The real problem still exists: Americans are not planning on fixing the banks. the politicians are NOT going to fix the deficit problem. (The deficit come from borrowing the money from the central bank instead of printing it ourselves). If we do not get rid of the Federal Reserve Bank it will get rid of us. the Republican Party changed their rules when they saw Ron Paul’s campaign strategy coming, it killed his taking of the nomination and this new rule will kill all future runs at winning the nomination from one of the Illuminati’s Republican candidates. Therefore, it is evident and quite clear, that a change needs to take place right now – resign from this infiltrated party and fill another one up high enough to challenge the donkey or start a new party that is not controlled by the Illuminati. A vote needs to take place nationwide after this most important topic is discussed. The Illuminati has both parties drinking different color/flavor Kool Aid – ti is a banking war, not: guns; spending; medical; immigration; defense budget; CEO reform; bridge to somewhere, nowhere or some place. Let us win this war that is well over 2 centuries old. http://youtu.be/fEqkphVOkHc

Jim Spencer, don’t forget that ANY law brought upon the people by the government that repugnant to our constitution is in deed null and void and we shall not be held to such a law, and that such a law be repealed back to its inception, rather than the moment of any individual offense.

So we get to pick and choose our laws now…well shit thisll get interesting. Good precedence. You are so scared they will take something from you and you now set precedence for much more to be taken bravo. Setting it up for failure

States cannot overrule laws of the federal government, because the Constitution states in Article VI that the Constitution and the laws of the United States and treaties made under authority of the United States shall be the supreme law of the land. Thus, state laws that conflict with federal laws are invalid. – Just sayin.

A loooong standing ovation should be given to the Governor AND the Kansas legislators who initiated this law! Cngratuations to ALL of them who voted AYE in passing the law and, to those who did NOT act affirmatively, I suggest that they RESIGN before being recalled for their VIOLATION, AND BETRAYAL OF THEIR OATH OF OFFICE!

Great job Kansas!!!!! If only my home state of Massachusetts would follow your great example of freedom. Unfortunately I know it will never happen up here. Just remember though folks not everyone in the northeast is a freedom hating LIBTARD. I am a PROUD American supporter of our Bill of Rights. Especially the 2nd Amendment.

Has that which “violates the second amendment” been defined and articulated by any Kansas or Federal law or the Supreme Courts of either? Just asking. If not, this Kansas law would seem to me to be somewhat vague and open ended and open to interpretation of what a violation of the amendment is. It’s a start though and I’m glad to see something is being done.

COLUMBUS, Ohio – Despite a last minute push to urge Gov. John Kasich to veto House Bill 495, which changes the way people can carry guns in vehicles and where vehicles with guns could park, the governor’s office says he will sign the legislation.
On Sunday, the Dean of Cleveland’s Trinity Cathedral called on the governor to veto the changes in the wake of the tragedy in Newtown Connecticut.
Rev. Tracey Lind saying allowing guns in state parking garages, like the ones under the state house would put “at risk thousands of Ohio school children every year who come to our statehouse,” she said.
“I think it’s time that we all be able to stand up to the gun lobby and say enough,” said Lind. “I think it’s time for us to have a real conversation both at the state level and at the federal level about real gun reform, about violence in America, about what’s making people want to do this sort of violence and how can we curb that.”
Kasich, for his part in announcing his support for HB 495, agreed with the need for the conversation as a society about the bigger issues involved in the Sandy Hook shootings.
“I’m a Second Amendment supporter and that’s not going to change. There are a range of issues at play here involving mental health, school security and a culture that at times fails to reject the glorification of violence that can desensitize us to the sanctity and majesty of life,” said Kasich.
“Going forward, we need to pay close attention to what the experts conclude from this incident in order to see if there are lessons to be learned and applied here in Ohio.”
Read more: http://www.newsnet5.com/dpp/news/local_news/cleveland_metro/gov-john-kasich-will-sign-off-on-changes-to-ohio-gun-law#ixzz2Qg6KP58Z

Laws are rules with teeth that punish law breakers, that sounds like little more than a “for the record” resolution. So unless they have a provision to arrest, incarcerate and prosecute any Federal or Local LEO for enforcing federal gun laws, they have done nothing but pander to voters.

I live in Kansas too. I don’t think the idiot fully appreciates he’ll go down in history for the one good thing he ever did. Kudos to the Kansas legislature for passing such a pull-no-punches nullification bill with real teeth.